Wisconsin Department of Health Services

Asbestos & Lead Section

www.dhs.wisconsin.gov/asbestosOr Google key words: WI Asbestos

NEW Asbestos Rule, DHS 159 Subchapter II

Individual Certification

Background: Asbestos DiseasesBackground: Asbestos Diseases

AsbestosisAsbestosisScarring of lung tissue

Lung CancerLung CancerSmokers exposed to asbestos have 50-90 times the risk for lung cancer

Macrophage on Asbestos

MesotheliomaMesotheliomaFatal cancer of the pleural lining of chest or abdomen

Asbestos-related deathsAsbestos-related deaths

0

10

20

30

40

50

60

2000 2001 2002 2003 2004 2005

Age-adjusted Rate of Asbestosis Hospitalizations

Asbestosis

Rat

e (p

er m

illio

n r

esid

ents

)

Year

Wisconsin is among states that have the lowest age-adjusted rate of asbestosis hospitalizations in the nation, but the rate has been increasing during this decade.

Asbestosis: most frequently recorded Asbestosis: most frequently recorded occupations on death certificate, 1991-1992occupations on death certificate, 1991-1992

COC Occupation Number Percent

585 Plumbers, pipefitters, and steamfitters 46 8.0

575 Electricians 31 5.4

593 Insulation workers 29 5.0

567 Carpenters 25 4.3

889 Laborers, except construction 24 4.2

633 Supervisors, precision production occupations 18 3.1

643 Boilermakers 18 3.1

019 Managers and administrators, n.e.c. 17 2.9

783 Welders and cutters 17 2.9

453 Janitors and cleaners 15 2.6

All other occupations 322 55.7

Occupation not reported 16 2.8

TOTAL 578 100.0

National Center for Health Statistics multiple cause of death data.

Malignant Mesothelioma

Malignant mesothelioma is a cancer that involves the lining of the chest or abdomen. Up to 90% of cases are caused by exposure to asbestos.

Malignant Mesothelioma

0

5

10

15

20

25

2000 2001 2002 2003 2004 2005

WI

US average

Rat

e (p

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illi

on

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iden

ts)

The rate of new cases of mesothelioma has been relatively steady in Wisconsin, but it is ABOVE the national average.

Many building products can Many building products can contain Asbestoscontain Asbestos

Here are some of them:Here are some of them:– Transite cement sidingTransite cement siding– Floor tiles, sheet flooring Floor tiles, sheet flooring – MasticMastic– RoofingRoofing– Spray-on ceilings and fire-proofingSpray-on ceilings and fire-proofing– Blown-in or vermiculite insulation Blown-in or vermiculite insulation – Window glazing Window glazing – Caulk Caulk – Ductwork and wrapDuctwork and wrap– Pipe insulation, Pipe insulation, – Plaster & wallboard joint Plaster & wallboard joint

compoundscompounds

Asbestos RegulationAsbestos Regulation

Revised asbestos rule, DHS 159, Revised asbestos rule, DHS 159, becomes effective becomes effective

May 1, 2009May 1, 2009

Affects most Wisconsin contractors Affects most Wisconsin contractors and landlords conducting and landlords conducting

renovations, painting and repairsrenovations, painting and repairs

Subchapter II: Subchapter II: Certification Requirements for Certification Requirements for

IndividualsIndividuals

DHS 159.02 - APPLICABILITYDHS 159.02 - APPLICABILITY

This rule applies to a person that:This rule applies to a person that:

–performs, claims to perform, offers performs, claims to perform, offers to perform, supervises, or offers to to perform, supervises, or offers to supervise an supervise an asbestos abatement asbestos abatement activity activity

DHS 159.04 - DEFINITIONSDHS 159.04 - DEFINITIONS

““Asbestos abatement activity”Asbestos abatement activity” means means anyany activity that activity that disturbsdisturbs asbestos−containing materialasbestos−containing material or or suspect asbestos−containing suspect asbestos−containing materialmaterial, including, repair, , including, repair, enclosure, encapsulation, enclosure, encapsulation, or removalor removal Any air sampling or air Any air sampling or air

monitoring conductedmonitoring conducted

DHS 159.04 - DEFINITIONSDHS 159.04 - DEFINITIONS

““Asbestos−containing materialAsbestos−containing material” or ” or ““ACMACM” means:” means:– a material or product that contains a material or product that contains more more

thanthan 1% of asbestos, 1% of asbestos,

ANDAND

– A material meeting the definition of A material meeting the definition of suspect asbestos−containing material.suspect asbestos−containing material.

DHS 159.04 - DEFINITIONSDHS 159.04 - DEFINITIONS

““Suspect asbestos−containing material”Suspect asbestos−containing material” means means – All All untested materialsuntested materials used in or on used in or on

building components with the exception building components with the exception of of metal, glass, wood or fiberglassmetal, glass, wood or fiberglass

ANDAND

– Vermiculite insulationVermiculite insulation

VermiculiteVermiculite

Rule applies to:Rule applies to:

MOST renovations that remove walls, MOST renovations that remove walls, transite siding, floor tiles, sheet transite siding, floor tiles, sheet flooring, mastics, windows with flooring, mastics, windows with glazing, sprayed-on surfaces, glazing, sprayed-on surfaces, plumbing, heating and ventilation plumbing, heating and ventilation insulation (other than fiberglass), and insulation (other than fiberglass), and roofing and flashing materials require a roofing and flashing materials require a certified asbestos abatement company certified asbestos abatement company to conduct the removal before other to conduct the removal before other work can proceed.work can proceed.

DHS 159.02 - APPLICABILITYDHS 159.02 - APPLICABILITY

This rule applies to a person that:This rule applies to a person that:

–performs, claims to perform, offers performs, claims to perform, offers to perform, supervises, or offers to to perform, supervises, or offers to supervise an supervise an asbestos asbestos management activity management activity such as such as inspectionsinspections

DHS 159.04 - DEFINITIONSDHS 159.04 - DEFINITIONS

““Asbestos management activity”Asbestos management activity” means anmeans an inspection inspection for for asbestos−containing material…asbestos−containing material…

DHS 159.04 - DEFINITIONSDHS 159.04 - DEFINITIONS““Asbestos inspection”Asbestos inspection” means any activities means any activities to determine the presence or location of to determine the presence or location of asbestos by collecting samples of the asbestos by collecting samples of the materials… including in residential, materials… including in residential, commercial, industrial or public facilitiescommercial, industrial or public facilities

DHS 159.02 - APPLICABILITYDHS 159.02 - APPLICABILITY

This rule applies to a person that:This rule applies to a person that:– Performs or supervises an Performs or supervises an asbestos asbestos

abatement activityabatement activity

OROR

– Performs or supervises an Performs or supervises an asbestos asbestos management activitymanagement activity

DHS 159.05 - DISCIPLINESDHS 159.05 - DISCIPLINES

Asbestos supervisorAsbestos supervisor

Asbestos workerAsbestos worker

Exterior asbestos supervisor - Exterior asbestos supervisor - NewNew

Exterior asbestos worker - Exterior asbestos worker - NewNew

Asbestos inspectorAsbestos inspector

Asbestos management plannerAsbestos management planner

Asbestos project designerAsbestos project designer

DHS 159.05 - Certification of an DHS 159.05 - Certification of an IndividualIndividual

Exterior Asbestos Supervisor Exterior Asbestos Supervisor Exterior Asbestos WorkerExterior Asbestos Worker

May conduct asbestos abatement May conduct asbestos abatement activities that involve only activities that involve only non-friablenon-friable asbestos-containing materialasbestos-containing material that that remains non-friable, remains non-friable, on the exterioron the exterior, or , or building envelope, of a facility – such building envelope, of a facility – such as roofing, siding and exterior window as roofing, siding and exterior window removal workremoval work

DHS 159.04 - DefinitionDHS 159.04 - Definition

““FriableFriable” means” means asbestos containing asbestos containing material that, when material that, when dry, can be dry, can be crumbled crumbled or reduced to powder or reduced to powder by hand pressure.by hand pressure.

DHS 159.06 - Exceptions to DHS 159.06 - Exceptions to CertificationCertification

Single Family Owner OccupiedSingle Family Owner Occupied (do it yourself) (do it yourself) Maintenance or repair workMaintenance or repair work

-Generate no more than 1 waste bag 60”x 60”-Generate no more than 1 waste bag 60”x 60”-Must complete16-hr Operations and -Must complete16-hr Operations and

Maintenance trainingMaintenance training Operator of aOperator of a motorized vehiclemotorized vehicle to demolish or to demolish or

remove a facility when ACM is allowed to remove a facility when ACM is allowed to remain under s. NR 447.08 (1)remain under s. NR 447.08 (1)- Example: backhoe operator- Example: backhoe operator

DHS 159.12 - Initial TrainingDHS 159.12 - Initial Training

Asbestos supervisor – 5 daysAsbestos supervisor – 5 days

Asbestos worker – 4 daysAsbestos worker – 4 days

Exterior asbestos supervisor – 2 daysExterior asbestos supervisor – 2 days

Exterior asbestos worker – 1 dayExterior asbestos worker – 1 day

Asbestos inspector – 3 daysAsbestos inspector – 3 days

Asbestos management planner -2 daysAsbestos management planner -2 days

Asbestos project designer – 3 daysAsbestos project designer – 3 days

DHS 159.12 - Annual Refresher DHS 159.12 - Annual Refresher TrainingTraining

Asbestos supervisor – 1 dayAsbestos supervisor – 1 day

Asbestos worker – 1 dayAsbestos worker – 1 day

Asbestos worker – 1 dayAsbestos worker – 1 day

Exterior asbestos supervisor – 2 hoursExterior asbestos supervisor – 2 hours

Exterior asbestos worker – Exterior asbestos worker – Employer is responsible Employer is responsible for annual refresherfor annual refresher

Asbestos inspector – ½ dayAsbestos inspector – ½ day

Asbestos management planner - ½ dayAsbestos management planner - ½ day

Asbestos project designer – 1 dayAsbestos project designer – 1 day

DHS 159.12 - Training RequirementsDHS 159.12 - Training Requirements

Most recent training must be Most recent training must be department accredited and held in department accredited and held in WisconsinWisconsin

–Show IDShow ID

–Photograph takenPhotograph taken

–Pass a course testPass a course test

DHS 159.07 – Applying for DHS 159.07 – Applying for CertificationCertification

Applicants submit the following to DHS:Applicants submit the following to DHS: Complete application form Complete application form FeeFee Training history if not already submittedTraining history if not already submitted

Wisconsin Training Providers submit the Wisconsin Training Providers submit the following to DHS for their students:following to DHS for their students:

Student photographStudent photograph Course training certificateCourse training certificate

DHS 159.08 - Certification FeesDHS 159.08 - Certification Fees

Asbestos supervisor - $125Asbestos supervisor - $125Asbestos worker - $75Asbestos worker - $75Exterior asbestos supervisor - $75Exterior asbestos supervisor - $75Asbestos inspector - $175Asbestos inspector - $175Asbestos management planner - $125Asbestos management planner - $125Project designer - $175Project designer - $175Exterior asbestos worker - $125*Exterior asbestos worker - $125* * No annual renewal fee for the exterior asbestos worker * No annual renewal fee for the exterior asbestos worker

certificationcertification

DHS 159.09 - Provisional CertificationDHS 159.09 - Provisional Certification

Must submit complete application by Must submit complete application by fax, fax, email, or personal deliveryemail, or personal delivery beforebefore conducting regulated asbestos activities.conducting regulated asbestos activities.

May then conduct regulated asbestos May then conduct regulated asbestos activities for up to activities for up to 30 calendar days30 calendar days after completing training or until receiving after completing training or until receiving certification card whichever comes first.certification card whichever comes first.

DHS 159.13 – Individuals’DHS 159.13 – Individuals’ResponsibilitiesResponsibilities Must be associated with a Must be associated with a Certified Certified

Asbestos Company Asbestos Company Must comply with asbestos-related lawsMust comply with asbestos-related laws Person shall have the card on all Person shall have the card on all

regulated work sites (or training regulated work sites (or training certificate if provisional certification certificate if provisional certification applies)applies)

DHS 159.13 – Individuals’ DHS 159.13 – Individuals’ ResponsibilitiesResponsibilities

WORK PRACTICEWORK PRACTICE Requirements:Requirements:

– Protect the health and safety of Protect the health and safety of occupants, visitors, and persons outside occupants, visitors, and persons outside the regulated areathe regulated area

– Follow any other applicable work Follow any other applicable work practice standards and protocols under practice standards and protocols under local ordinance or state or federal local ordinance or state or federal statutes or regulations.statutes or regulations.